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Shared Horizons, Inc.: A Pooled Special Needs Trust Enhancing the Lives of People with Disabilities

Yolanda Mazycki
Executive Director, Shared Horizons, Inc.

Shared Horizons, Inc. is a nonprofit organization established by the Quality Trust for Individuals with Disabilities, Inc., in conjunction with University Legal Services and the District of Columbia Government. Shared Horizons was created to manage the Wesley Vinner Memorial Trust, a pooled special needs trust in Washington, D.C. charged with helping individuals with disabilities enhance their quality of life, maintain their public benefits and protect personal assets.

The Omnibus Budget Reconciliation Act of 1993 (OBRA '93) opened the door for individuals, especially those with modest resources, to establish special needs trusts. Prior to OBRA '93, Medicaid recipients receiving unexpected income, such as a settlement, lump sum back payment from Supplemental Security Income (SSI), or an inheritance would have to reduce their personal assets to $2,000 - the maximum amount to retain SSI eligibility and avoid losing Medicaid benefits. In short, OBRA '93 protects this income in a Special Needs Trust, which can be an Individual Trust (usually managed by an attorney or corporate trustee) or a Pooled Trust (managed by a non-profit organization). Shared Horizons' Wesley Vinner Memorial Trust operates under the latter. See EQUITY's April '06 Feature article for more information on the different kinds of Special Needs Trusts.

Prior to establishing a Trust, Shared Horizons ensures that individuals have a clear understanding of the advantages and disadvantages of setting up a Pooled Special Needs Trust. An important advantage is that individuals can maintain their public benefits while having access to their money. However, the primary disadvantage, as conveyed by a number of beneficiaries and their representatives, is that the non-profit has control of disbursements. Although most individuals agree the advantages outweigh the disadvantages, a small percentage of individuals will "spend down" their excess money to the $2,000 asset limit allowed by SSI, in order to remain or attain eligibility instead of setting up a Trust. This makes sense if they have a small amount to spend and a conscientious representative to make purchases based on a consumer's unmet needs.

We next assist individuals interested in protecting their benefits and funds by signing a Joinder Agreement. The Joinder Agreement is a legally binding document that establishes the relationship between the individual with the disability and the non-profit organization managing the Trust. Once the Joinder Agreement is signed and the individual trust is funded, we work closely with the beneficiaries, their representatives and, when available, their community support team. In addition, we provide detailed information on how to maximize participation and benefits. This includes instructions regarding what Trust funds cannot pay for such as shelter, food, utilities, and medical care. These are considered the essential needs, which should be paid for by the Trust beneficiary's SSI and Medicaid. The Special Needs Trust is designed to supplement government benefits (that is why it is sometimes referred to as a Supplemental Needs Trust). The Trust can provide for goods and services that add pleasure and quality to the person's life, for example clothing, telephone and cable bills, entertainment, electronics, vacations, sports or fitness training, and educational classes.

Shared Horizons continues the educational process by assisting in the development of the Quality of Life Plan. This plan is important, as it gives voice to the beneficiary by outlining their needs, wants, and desires. It also serves as a guide for the Trustee when approving or denying requests. In general, a request is approved if the answer is "yes" to the following questions:

  • Is the request in line with the person's needs, wants, and desires as outlined in the Quality of Life Plan?

  • Do the rules for the pooled special needs trust allow it?

  • Is there enough money in the individual account to pay for this?

Shared Horizons believes that implementing a Trust process that allows easy access for the beneficiaries and their representatives is vital, especially when many beneficiaries navigate the Trust request process on their own. When a beneficiary wants to buy a good or service, they simply make a request. If the request is complete with all the necessary information, and no product research is required, checks are released within three business days of request.

For example, the Shared Horizons' beneficiary roster includes an individual who is 48 years old, legally blind, has Cerebral Palsy, and lives independently. His first requests were for items he needed to conduct business - a typewriter, fax machine, and a Clear View Magnifier. As the educational process continued and the relationship developed, he began to fax typed requests, invoices, and personal bills to the Trust. Recently, he returned from visiting his sister in California, a trip he could not have made if the Trust were not accessible.

The Board of Directors and Executive Director of Shared Horizons are also extremely conscientious of the fact that the funds trust beneficiaries place in the Pooled Trust are their only resources. This means that we take the investment process very seriously. Presently, we are working with the Trust's Fund Administrator, monitoring two years of spending before establishing an investment strategy. Currently, Shared Horizons' Trust funds are held in a Money Market, receiving modest dividends with no risk.

Shared Horizons supports more than 50 people who appreciate the opportunity to enhance their lives with goods and services public benefits will not provide - goods and services many people take for granted.

For more information about Shared Horizons and Pooled Special Needs Trusts, visit our website at http://www.dcsafehorizons.org.

i In January 2005 the Board of Directors hired Yolanda Mazyck as the Executive Director of Safe Horizons, Inc. now called Shared Horizons. Ms. Mazyck relocated from Farrell, Pennsylvania to the Washington, D.C. area to manage the Wesley Vinner Memorial Trust. With more than 20 years of nonprofit experience, primarily in the fields of criminal justice, mental health and drugs & alcohol, Ms. Mazyck understands the importance of establishing and maintaining relationships with stakeholders to ensure the consumers best interests are served.